Abrams v. Johnson, 521 U.S. 74, 34 (1997)

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86

ABRAMS v. JOHNSON

Opinion of the Court

proach to redistricting—the max-black policy. 515 U. S., at 917-918. Using the precleared plan as the basis for a remedy would validate the very maneuvers that were a major cause of the unconstitutional districting.

Second, the constitutional violation here affects a large geographic area of the State; any remedy of necessity must affect almost every district. In Upham, only 2 contiguous districts out of 27 were in violation. Here, as the District Court pointed out, 2 of 11 districts were found unconstitutional, on opposite sides of the State, districts containing between them all or parts of nearly a third of Georgia's counties. 922 F. Supp., at 1561. Almost every major population center in Georgia was split along racial lines. Under the circumstances, the District Court was justified in making substantial changes to the existing plan consistent with Georgia's traditional districting principles, and considering race as a factor but not allowing it to predominate. This approach conforms to the rule explained in Upham.

Appellants' most specific objection under Upham is that the court's plan does not contain two majority-black districts. In particular, they point to the State's original 1991 redistricting plan, denied preclearance, which contained two majority-black districts. As we have suggested above, however, the State was subjected to steady Justice Department pressure to create the maximum number of majority-black districts, and there is considerable evidence the State was predominantly driven by this consideration even in developing its 1991 plan. In support of their position, appellants rely on broad assertions in the State's brief in this Court in Johnson v. Miller that the original plan "was not perceived as a 'racial gerrymander.' " Brief for Miller Appellants in Miller v. Johnson, O. T. 1994, No. 94-631, p. 49. Against these assertions, appellees point to the testimony of Ms. Meggers, Director of Reapportionment Services for the Georgia General Assembly, that the second majority-black district was originally designed as a concession to the Justice

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